Excerpt: ...seeks to modify these orders to allow introduction of evidence regarding litigation (San Francisco Superior Court, Case No. CG-21-592997, hereinafter the "Wolfgang Acton") between Smash and Wolfgang Operations, LLC ("Wolfgang"), who manufactured Smash's products within their facility. Smash alleges in the Complaint that Tanis interfered with their contractual relations with Wolfgang. See Complaint at 953, 955-957, and 965. Tanis now moves the Cou...

Excerpt: ... (Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523.) It is a remedy which must be narrowly applied. (ld. at 524.) Therefore, the modern policy is to restrict lis pendens. (See Hilberg v. Sup.Ct. (Mendrin) (1989) 215 cal.App.3d 539, 542.) Only a "real property claim" can support a lis pendens. (CCP S 405.1.) A lis pendens "claimant" is "a party to an action who asserts a real property claim and records a notice of the pendency of the action." (...

Excerpt: ...ndum of Points and Authorities in support of Motion ["Plaintiff's Motion"], 2:13-18.) On May 13, 2021, the parties participated in a mediation, during which the parties allegedly agreed to settle and produced a "Settlement Term Sheet" that set forth the terms of the parties' agreement. (Plaintiff's Motion, 3:15-23.) The Settlement Term Sheet stated that Defendants agreed to list for sale their real property located at 4401 Price Avenue, Santa Ros...

Excerpt: ...rial date of February 16, 2024 is vacated. The Court will sign the proposed orders lodged with the moving papers. This matter arises out of a contract for the sale of a vehicle by Defendant Hansel Ford to Plaintiff. Defendant Ford Motor Company manufactured the vehicle. Plaintiff alleges several causes of action including, violations of Civil Code S 1793.2, breach of the implied warranty of merchantability, and negligence per se. Defendants move ...

Excerpt: ...gency, but which were legally prohibited by the price-gouging statute, Penal Code ("PC") section 396; and 2) the third cause of action fails because Plaintiffs have no legal right to "recoup" rental increases which they claim to be "lost" during the declared state of emergency, but which were legally prohibited by the price-gouging statute, PC section 396. The court finds that Defendants have met their burden on both issues, as explained below, a...

Excerpt: ...red into a written agreement (the "Agreement") to pay Plaintiff the amounts stated in the Agreement while Defendant, president of Borrower, entered into the written Guaranty as personal guarantor of Borrower to pay Borrower's debt in the event that Borrower defaulted on its payment obligations. Plaintiff alleges that it has performed or been excused from performance. It also alleges that Borrower was formally dissolved as of December 16, leaving ...

Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...

Excerpt: ...declaratory relief, and unfair business practices. The FAC alleges that Freeman is an auto dealership located at 2875 Corby Avenue in Santa Rosa and that hired defendant Northwest General Engineering, LLC ("Northwest") in 2018 to excavate, clear, haul away, and dispose of construction spoils. (FAC, 95.) Northwest specializes in grading, paving, and underground site work. (FAC, 96.) Plaintiff alleges that Northwest contracted with Toby's Trucking,...

Excerpt: ...lity to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC ("USILLC"), which is allegedly owned by Defendant LISI Advantage Corp. ("USIAC"). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements ("the Employment Agreements") with USILLC contain provisions purporting to restrict their abili...

Excerpt: ...g the action under stipulated conditions and with the court retaining jurisdiction pursuant to Code of Civil Procedure ("CCP") secton 664.4. Plaintiff filed a request for dismissal the same day, again stating that the matter is subject to continued court jurisdiction under CCP secton 564.5. Motion Plaintiff moves the court to set aside the dismissal and enter judgment under the terms of the Settlement, asserting that the parties agreed that Defen...

Excerpt: ...tiff's complaint alleges causes of achon against PG&E for negligence, violation of Business & Professions Code sections 17200 and 17500, nuisance, and strict liability. Plaintiff alleges its winemaking equipment was damaged after a vehicle hit PG&E's power pole causing an electrical surge. Plaintiff alleges that the placement of the pole on a dimly lit, tree-dense, narrow road, near an intersection that is the terminus of a steep decline made the...

Excerpt: ...e parties dispute the suffciency of the meet and confer efforts regarding this motion. "A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (CCP S 430.41; Dumas v. Los Angeles County Bd. Of Supervisors (2020) 45 Cal.App.5th 348, 355.) Accordingly, the Court does not sustain the demurrer on this basis. Procedural History: This matter involves a long and complicated...

Excerpt: ...ED. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiff was deprived of rest breaks and/or was not provided timely rest breaks, and alleges on information and belief that these policies were also enforced on other employees. The Complaint c...

Excerpt: ...fing of a structure in violation of applicable codes and unlawful construction of a paved private driveway in Plaintiff's right-of-way. Plaintiff alleges that Defendants own the Property and have constructed or maintained the unpermitted improvements and nuisance conditions, Plaintiff issued and served notices and orders to abate the nuisances or be subject to penalties, fees, and costs, but Defendants failed to appeal the determinations or compl...

Excerpt: ...dmissions ("RFAs") admitted under CCP S 2033.280. The unopposed Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions admitted is GRANTED. Defendant shall pay $860 in sanctons to Plaintiff within thirty (30) days of notice of entry of the order on this Mohon. Governing Law Regarding the Fls, a party...

Excerpt: ...ut that the Vehicle was defective and Defendants failed to repair or replace the Vehicle or refund the purchase price. She alleges that Defendants provided warranties ("the Warranties") for the Vehicle and knew that the Vehicle was defective and dangerous. On May 27, 2020, as Plaintiff was driving the Vehicle up her driveway, the Vehicle began to smoke so she left the vehicle, leaving her personal possessions in it, before the engine of the Vehic...

Excerpt: ...nd failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive relief. Defendant served Plaintiff with a deposition notice setting her deposition for July 20, 2022, but Plaintiff failed to appear, so Defendant re-noäced the deposition for September 6, 2022, and Plaintiff again failed to appear. Van Zandt Dec. in support of Motion to Compel Deposi...

Excerpt: ..."RPODs") from Defendant under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notce of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to t...

Excerpt: ...c facts show-ng 'good cause' justifying the discovery sought by the demand." (CCP Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of show-ng 'good cause' simply by showing that the requested documents are relevant to the case, i.e., that it is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence under CCP S 2017.010. (See al...

Excerpt: ..."MBSR"). On June 2, 2022, defendants MBSR and Mercedes-Benz USA, LLC ("M8," together "Defendants") moved to compel arbitration of the matter under the parties' lease agreement. On August 17, 2022, the court granted Defendants' motion and ordered the parties to arbitration. Plaintiff filed this motion on March 13, 2023, stating that Defendants have failed to respond to Plaintiff's arbitration request. This motion is brought pursuant to CCP section...

Excerpt: ...enjoining Defendant from maintaining any building or septic violation, or conduct any activity or use upon the Property contrary to the ordinances of the County of Sonoma; and 2. the order to: A) abate the code violations ; and 8) schedule inspection with the County entity, Permit Sonoma, to confirm the abatement of those violations. Plaintiff is required to serve the order granting this Motion, and the underlying moving papers and the underlying...

Excerpt: ...'s file. The CMC was continued to March 8, 2022. Plaintiffs counsel failed to appear on that date and the court issued an order to show cause re dismissal for April 12, 2022. The OSC Re Dismissal was mailed to BD&J. On March 24, 2022, Plaintiff's current counsel substituted in. The tentative ruling for April 12, 2022, stated that the matter would be dismissed unless a party requested a hearing. Plaintiff did not request a hearing and the matter w...

Excerpt: ... 2022, are hereby set aside and vacated. CCP section 473(d) provides: "The court may, upon moton of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Proof of service of process was filed in this case on July 12, 2021. It states that summo...

Excerpt: ...NIED. II. Applicable Law CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in...

Excerpt: ...$60.00 in sanctions within 30 days of service of the notice of entry of order. This Court previously entered a default judgment against Defendants. About a year later post-judgment, Plaintiff propounded written interrogatories and requests for production on Defendants to which Plaintiffs never received any response, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff brought this instant moton after ...